Terms of use

THESE TERMS ESTABLISH AN AGREEMENT WITH YOU, AND YOU AGREE TO BE BOUND BY THESE TERMS UPON THE EARLIER OF: (A) CLICKING THE “ACCEPT,” “AGREE” OR “CONSENT” SELECTOR ACCOMPANYING THESE TERMS; (B) VISITING, DOWNLOADING OR USING THE WEBSITE OR MOBILE APP THAT DISPLAYS THESE TERMS; OR (C) ORDERING, PAYING FOR, RECEIVING OR USING ANY PRODUCTS OR SERVICES THAT WE MARKET THROUGH SUCH WEBSITE OR MOBILE APP. NOTE: THESE TERMS INCLUDE A WAIVER OF THE RIGHT TO A JURY TRIAL.

1. Introduction

1.1 Us. The Website (defined below) and App (defined below) are owned and managed by Medications & Essentials Delivered Swiftly Inc. d/b/a MEDS, a New York business corporation (“our,” “us,” or “we”). These Terms of Use (“Terms”) apply to the Website, the App and our other Infrastructure (defined below), and the transactions related to our pharmacy products and services.

1.2 Minimum Age Requirement. All users of the Infrastructure must be at least 18 years old except that customers under 18 years of age may purchase over-the-counter products when physically present in our brick-and-mortar stores in accordance with our store policies and applicable law.

1.3 You. These Terms are binding on the person who visits, accesses or uses any of our Infrastructure, products or services (“you” or “your”).

1.4 Binding. By registering with, accessing or otherwise using our Infrastructure, products or services, you hereby agree to be bound by these Terms set forth below.

1.5 Our Third Party Associates. We rely on our relationships with various Associates (defined below) to conduct our business. In these Terms, “Associates” will mean third parties with whom we conduct business for our business purposes, including: (a) any affiliates that control us, that we control, or that are under common control with us, such as our parents, subsidiaries and sister entities; (b) any third parties to whom we provide products, services or data, such as collaborators, advertisers and marketing agencies; (c) any health care providers to provide certain services you have requested, including those related to your health care; (d) any health plans to allow us to receive reimbursement for your prescription purchases; and (e) service providers and business partners who have been engaged to allow us to provide services to you or perform business functions on our behalf, such as customer support providers, credit card and payment processors, order fulfillment providers, market and data analyzers, product developers, website hosts, providers of communication systems (such as phone, text and email systems), providers of information technology systems (such as databases and data servers), online platform providers, information technology consultants, business advisors, auditors, accountants and attorneys.

1.6 Our Infrastructure. We will use our Infrastructure (defined below) to conduct our business, including marketing our pharmacy products or services. In these Terms, “Infrastructure” will mean the resources used by us or our Associates to receive or collect information, including the following resources: (a) https://medsrx.com/ (“Website”); (b) the mobile app named, Meds rx Pharmacy Delivered (“App”), which is downloadable at the App Store™ controlled by Apple Inc., the Google Play™ store controlled by Google LLC, or any other app marketplace where we make such app available; (c) any other websites, ecommerce stores, servers, online portals, products, web portals, mobile applications and electronic user interfaces; (d) social media pages, email messages, text messages and direct messages; (e) phones, computers, web cameras and other communication devices operable to receive your written, text, oral, telephonic and video communications; (f) real time communications with our representatives, including interviews, discussions, conversations and conferences via in-person interaction or video, phone or other means; (g) any brick-and-mortar facilities (such as stores) as well as any cameras, beacons, sensors and other tracking equipment located at such facilities; (h) any means for personal interaction or observation, such as the collection of survey results from you when you are located at such facilities; and (i) surveys, forms and other materials used to document your answers, feedback or behavior at such facilities.

1.7 Additional Terms. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us (collectively, “Additional Terms”). By way of a non-limiting example, the Additional Terms will include: (a) the cautions, alerts and notices displayed in the App’s screens and pop-ups as well as the frequently asked questions and answers (FAQs), and other terms and conditions displayed in the App or otherwise posted in our Infrastructure, as may be updated from time to time; and (b) any other terms, conditions or agreements displayed to you at the point of ordering or purchasing any other products or services from us. If any provisions of the Additional Terms conflict with any provisions of these Terms, the provisions of these Terms will control and prevail.

1.8 Set of Online Documents. These Terms include and incorporate the Additional Terms, our Privacy Policy and our HIPAA Notice of Privacy Practices. Our use and disclosure of your protected health information is subject to our HIPAA Notice of Privacy Practices.

1.9 Updates. We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any changes. Your continued use of the Infrastructure after such changes will constitute your acknowledgement of and agreement to the changed modified Terms.

2. Intellectual Property

We or our Associates own all of the trademarks, service marks, marks, domain names, logos, slogans, symbols, designs, trade dress, works of authorship, software, graphical user interfaces, content, text, images, photos, audio recordings, videos, data, information and resources displayed by or accessible within the Infrastructure (collectively, “IP”). The IP is protected by United States and international copyright laws and other intellectual property laws. You will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market or commercialize any IP in any form without our prior written consent. We reserve all rights in and to the IP. Your violation of any of the restrictions in this Section may subject you to penalties and liabilities under copyrights laws, trademark laws, intellectual property laws, and civil and criminal statutes.

3. Third Party Property

3.1 In these Terms, “Third Party Property” will mean the portions of the Infrastructure and IP that are owned by our Associates.

3.2 The Infrastructure may provide you with access to Third Party Property. Also, the Infrastructure may include links to Third Party Property that is accessible outside of the Infrastructure. If we include a link in the Infrastructure to any website of any Associate, we may take one or more of the following approaches to notify you that such link will direct you to the Associate’s website: (a) the link (or image or content associated with the link) will display or output the name, brand, trademark or logo of the applicable Associate; and/or (b) the Infrastructure will display a popup message indicating that you will be departing the Infrastructure.

3.3 We will not be responsible for any Third Party Property or for any changes or updates to any Third Party Property. You bear all risks associated with the access to, lack of access to, and use of, Third Party Property and any related third party services. Please review the terms and conditions of the applicable Associate.

4. Ordering Process; Products & Services; Payment

4.1 Through our Infrastructure, we may enable you to: (a) complete and submit forms as part of our registration process, which we may use to determine whether to provide our products and services you based on criteria such as your location [and pharmaceutical history]; (b) create an online account within our Website and App that stores your account information and purchase history; (c) purchase over-the-counter products for delivery to your specified address; (d) transfer your prescriptions from a third party pharmacy to us; (e) request medication refills; (f) track the delivery or medication products to your specified address; and (g) confer with our pharmacy staff (via texting interfaces within the App and via phone) regarding your orders and account.

4.2 You will not use the Infrastructure to order products for delivery to any location outside of the United States. Information in the Infrastructure may reference our products, programs or services that might not be available in your particular zip code in the United States. Such references do not imply that we commit or plan to make such products, programs, or services available in your zip code. You will not use our Infrastructure if you are located outside of the zip codes that we currently service. You understand that you must input and update an accurate zip code for where you currently reside each time you place an order to enable us to assess whether our delivery or shipment service is available to you. You understand we may not be able to continue delivering medications to you if you move outside of the zip codes we currently service.

4.3 You understand that you must have a valid refill available for us to process your prescription request through our Website or App.

4.4 By accepting these Terms you agree that you do not wish to be contacted over the phone for medication counseling. You understand you must have a valid refill available for us to process and deliver your prescription requests through our Infrastructure. You may speak with a licensed pharmacist at any time to ask any pharmacy or medication-related questions by calling [insert number].

4.5 You understand that our pharmacists exercise professional judgment when filling orders placed by you. There may be circumstances when a pharmacist makes a decision not to fill an order. In such instance, you will receive a communication indicating such a decision.

4.6 You will review our Privacy Policy and HIPAA Notice of Privacy Practices as a condition of using or accessing any of our products or services through the Infrastructure. You authorize the use and disclosure of your protected health information by us and by our workforce members, health care professionals and vendors providing services or supplies to you for purposes of treatment, payment, and health care operations. You acknowledge that you have reviewed a copy of the HIPAA Notice of Privacy Practices as a condition of using or accessing any of our products or services, which advises you of your rights to obtain access to and control your protected health information.

4.7 All payments will be made in U.S. Dollars. You may elect to make payments under these Terms via your credit card account, or through other means enabled by the Infrastructure, such as a debit card account, bank debit authorization through your entry of a bank account and routing number or through your online cash account, such as Apple Pay™, Google Pay™, Cash App™, PayPal™ or the like. You will comply with the terms of use and policies of our Associates involved in processing your payments. You hereby authorize us and our Associates to automatically charge the account that you specify for the price owed in accordance with these Terms. You authorize us to charge your specified payment method through our payment processor or alternative payment method if available if your specified method of payment is declined. You will maintain the availability of funds in such account for the full payment of such price. Your hereby certify that you are an authorized user of such account, and that you will not dispute any payment with your card provider or bank as long as you owe such payment in accordance with these Terms. If you have provided recurring payment authorization, you may terminate such authorization by providing written notice to us, but you will pay the amount owed to us as of the date of such termination.

4.8 Our prices will not include sales or use taxes, which you will owe in addition to our prices. You will pay any copays required by your health insurance plan and make payment in full for any out-of-pocket purchases. In addition, you agree to be responsible for any other fees associated with our products or services, such as shipment and delivery charges. We may withhold delivery and suspend services to you if you have past due payments until paid in full.

4.9 At the point of order or purchase, we may display or provide a refund or return policy to you. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN SUCH POLICY, ALL PRODUCTS SOLD TO YOU WILL BE NONREFUNDABLE, AND YOU WILL HAVE NO RIGHT TO ANY REFUND OR RETURN.

5. Responsible Use and Conduct

5.1 You will not interrupt or attempt to interrupt the operation of the Infrastructure in any way. You will not link the Infrastructure to another website, nor will you link any other website to the Infrastructure. Notwithstanding the foregoing, you may forward the Infrastructure addresses to others who may be interested in visiting them.

5.2 By visiting the Infrastructure and accessing the IP, either directly or indirectly, you agree to use the IP only for the purposes intended and as permitted by these Terms, any Additional Terms with us, the terms of our Associates, and applicable laws, regulations and generally accepted online practices and industry guidelines.

5.3 To access the Infrastructure, you may be required to provide certain information about yourself (such as your identification, contact details, date of birth, etc.) as part of the registration process, or as part of your ability to use the Website or App. You agree that any information you provide will always be accurate, correct, and up to date.

5.4 Accessing, or attempting to access, any of the Infrastructure by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access, or attempt to access, any of the Infrastructure through any robotic, automated, hacking, unethical or unconventional means.

5.5 You will not engage in any inappropriate conduct in connection with your use of our Infrastructure, including: (a) uploading, posting, submitting, sharing or otherwise distributing any content that infringes upon any intellectual property right of any party or contains any type of unauthorized or unsolicited advertising; (b) violating applicable law, violating the rights of any person, engaging in behavior that is illegal, threatening, defamatory, abusive, harassing, intimidating, fraudulent, deceptive, invasive, racist, sexist, hateful or offensive, and distributing content that contains any type of suggestive, inappropriate, or explicit language or images; (c) engaging in any activity that disrupts or interferes with the Infrastructure, including the servers or networks that store or manage the Infrastructure, is strictly prohibited; or (d) reverse engineer, decompile, modify, copy, duplicate, reproduce, publicly perform, publicly display, distribute, lease, sell, trade, resell or commercialize any part of the Infrastructure.

6. Security

6.1 You are responsible for all activities that occur under any user accounts provided by us. You may be required to choose a password and a user name. Access to and use of password-protected or secure areas of the Infrastructure are restricted to authorized users only. You agree not to share your passwords, account information, or secured access to the Infrastructure with any other person. You are responsible for maintaining the confidentiality of passwords and account information, and you are responsible for all activities that occur through the use of your passwords or accounts or as a result of your access to the Infrastructure. You agree to notify us immediately of any use of your passwords or accounts that you did not authorize or that violates these Terms.

6.2 To access the Website or App after registering, you may be required to use login credentials (e.g., a username and password) and any other authentication steps or security codes we may require (collectively, “Access Credentials”). Access to and use of password-protected or secure areas of the Website and App are restricted to authorized users only. You will not share your Access Credentials, account information, or secured access to the Website or App with any third party, nor will you allow any third party to use your Access Credentials. You will maintain the confidentiality of your Access Credentials as well as your account information for the Website and App. You will be responsible for all activities that occur in connection with any Website or App user accounts provided to you, your Access Credentials or your use of the Website and App. You will notify us immediately if you discover any use of your Access Credentials or user accounts that you did not authorize or that violates these Terms.

7. Termination of Use

We may, in our sole discretion, at any time discontinue providing the Infrastructure (or any portion thereof) or limit access to the Infrastructure, any areas of the Infrastructure or any IP. Also, we may, in our sole discretion, at any time, terminate or limit your access to, or use of, the Infrastructure or any IP if we suspect that you have infringed upon the rights of a third party, violated these Terms, or engaged in any wrongdoing. You agree that we will not be liable to you or any third party for any termination or limitation of your access to, or use of, the Infrastructure, any IP or any content that you may have shared.

8. Indemnification

You agree to indemnify, defend and hold harmless, us, our Associates, and the subsidiaries, affiliates, equity holders, officers, directors, employees and agents of us and our Associates, from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, relating to or arising out of: (a) information, materials, works or content that you share or submit; (b) your violation of these Terms, any Additional Terms or any other rules, guidelines or terms of use posted for a specific area of the Infrastructure or any IP; (c) your violation of applicable law; or (d) your violation or infringement of any third party rights, including intellectual property rights and privacy rights. Upon our request before or after any court judgment, you will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims. You will cooperate as fully as reasonably requested in our defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim otherwise subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

9. Disclaimers

THE FOLLOWING PROVISIONS OF THIS SECTION 9 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

9.1 ALL CONTENT, WORKS AND DATA ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE INFRASTRUCTURE ARE USED AT YOUR SOLE DISCRETION AND RISK. WE WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF OUR INFRASTRUCTURE.

9.2 WE RESERVE THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE INFRASTRUCTURE AND IP AT ANY TIME WITHOUT NOTICE.

10. Warranty Waiver; Exclusion of Damages; Maximum Liability

10.1 THE MANUFACTURES OF CERTAIN PRODUCTS MAY ISSUE CERTAIN PRODUCT WARRANTIES, AS EXPRESSLY STATED IN THE PRODUCT LITERATURE, LABELS OR DOCUMENTATION ASSOCIATED WITH THE PRODUCTS. WE ARE NOT THE ISSUER OF SUCH PRODUCT WARRANTIES, NOR WILL WE BE CONSIDERED THE ISSUER OF SUCH PRODUCT WARRANTIES. FOR ANY RECOURSE OR REMEDY REGARDING ANY SUCH PRODUCT WARRANTY, YOU MUST SUBMIT A CLAIM TO THE APPLICABLE MANUFACTURER.

10.2 THE FOLLOWING PROVISIONS OF THIS SECTION 10 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: 10.2.1 THE INFRASTRUCTURE AND ALL IP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATING TO THE INFRASTRUCTURE, IP, OR OUR PRODUCTS AND SERVICES. WE MAKE NO WARRANTY THAT: (A) THE INFRASTRUCTURE, IP, OR OUR PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE INFRASTRUCTURE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFRASTRUCTURE, ANY IP OR ANY OF OUR PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.

10.2.2 IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF PROFITS OR REVENUE, LOSS OF DATA, OR LOSS OF OR HARM TO PROPERTY OR DATA) INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM (A) YOUR ACCESS TO, OR USE OF, THE INFRASTRUCTURE OR ANY IP; OR (B) YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE THAT WE PROVIDE.

10.2.3 EXCEPT TO THE EXTENT ANY ADDITIONAL CONTRACT EXPRESSLY STATES OTHERWISE, OUR MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THE INFRASTRUCTURE, THE IP OR ANY PRODUCTS AND SERVICES MARKETED OR SOLD THROUGH THE INFRASTRUCTURE, REGARDLESS OF THE FORM OF LEGAL ACTION THAT IMPOSES LIABILITY (WHETHER IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT OR OTHERWISE) WILL BE LIMITED TO THE TOTAL PRICE THAT YOU PAID TO US TO PURCHASE SUCH PRODUCTS OR SERVICES IN THE PAST SIX (6) MONTHS. SUCH LIMIT WILL APPLY IN THE AGGREGATE TO ALL OF YOUR CLAIMS, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE.

10.2.4 ANY HEALTH-RELATED SERVICES OR PRODUCTS PURCHASED THROUGH THE INFRASTRUCTURE IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT IN PATIENT DIAGNOSIS OR TREATMENT. WE WILL PROVIDE MEDICATION COUNSELING THROUGH LICENSED PHARMACISTS, BUT YOU SHOULD ALWAYS REVIEW PRODUCT PACKAGING AND INSTRUCTIONS REGARDING DOSAGE, PRECAUTIONS, CONTRAINDICATIONS, WARNINGS, AND INTERACTIONS BEFORE ADMINISTERING ANY PRODUCT.

11. Privacy Policy and Accessibility

11.1 We take your privacy seriously and have developed a policy to address privacy concerns. For more information, please see our Privacy Policy, which is a part of these Terms.

11.2 We are committed to making the content we provide through the Infrastructure accessible to individuals with disabilities. If you have a disability and are unable to access any portion of the Infrastructure due to your disability (“Incident”), you agree to: (a) immediately give us written notice of the Incident in accordance with Section 16 below; and (b) include a detailed description of the Incident in your notice. We will accept your notice through a writing submitted by your guardian, caretaker or agent on your behalf. After receiving your notice, we will: (i) promptly investigate the Incident; (ii) promptly resolve the issue causing the Incident if the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques; and (iii) provide you with a reply, setting forth our remedial steps and findings.

12. Export Restrictions/Legal Compliance

You may not access, download, use or export the Infrastructure, or the content provided on or through the Infrastructure, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

13. Assignment

You will not assign these Terms, in whole or in part, to any third party. Any purported assignment in violation of this Section will be null and void.

14. Waiver

Our delay or failure to exercise or enforce any rights or provisions in these Terms will not prejudice or operate to waive such right or provision.

15. Severability

If any part or provision of these Terms is found to be unenforceable under applicable law, such part or provision will be modified to make these Terms, as modified, legal and enforceable. The balance of these Terms will not be affected.

16. Dispute Resolution

16.1 Definitions. For the purposes of this Section 16: (a) the term “Dispute” will mean any dispute, controversy, claim, or cause of action arising out of or relating to: (i) these Terms or any Additional Contract, the interpretation thereof, or the breach, termination, applicability or validity of these Terms or any Additional Contract; (ii) the Infrastructure, the IP or any product or service marketed or sold through the Infrastructure; or (iii) any other dispute arising out of or relating to the relationship between you and us; (b) the term "Our Group" will mean us and our parents, subsidiaries, affiliates, stockholders, directors, officers, employees, agents, suppliers, beneficiaries, assignees, and successors in interest; (c) the term “Your Group” will mean you and those in privity with you, such as your beneficiaries; (d) the term “Parties” means you and us, and the term, “Party” means either you or us.

16.2 Mediation. If either Party seeks to initiate any legal action against the other Party arising from any Dispute, the Party seeking such legal action shall provide the other Party with written notice of such Dispute, specifying and describing the Dispute in detail. If the Parties fail to resolve such Dispute in writing within thirty (30) days of negotiations after the date of such notice, either Party may provide the other Party with a written decision to initiate such legal action (“Decision Notice”).

16.3 Selection of Court of Law or Arbitration. In the case of a Decision Notice provided by either Party, we will have the right to select, at our sole discretion, whether the legal action will occur through a court of law or through binding arbitration. If we do not provide you with our written notice of our selection within ten (10) business days after receiving your Decision Notice, you will have the right to resolve the Dispute solely through binding arbitration, not through a court of law.

16.4 Court of Law. If any Dispute is to be resolved by a court of law in accordance with Section 16.3 above, the terms of this Section 16.4 will apply. The governing law will be the laws of the State of New York, excluding its conflict of law principles. The State and Federal courts located in New York County of New York will have sole and exclusive jurisdiction over such Dispute. Your Group and Our Group each hereby waives all claims of immunity from such jurisdiction. Venue for such Dispute will be in New York County of New York. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH MEMBER OF YOUR GROUP AND OUR GROUP HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN SUCH DISPUTE. THIS WAIVER WILL BE IRREVOCABLE AND PERPETUAL; PROVIDED, HOWEVER, THAT IF WE INITIATE SUCH DISPUTE BASED ON THE INFRINGEMENT OF OUR INTELLECTUAL PROPERTY RIGHTS, WE WILL RETAIN THE RIGHT TO TRIAL BY JURY FOR SUCH DISPUTE. EACH OF YOU AND US UNDERSTANDS AND ACKNOWLEDGES THAT: (A) IN THE ABSENCE OF THIS SECTION 16.4, SUCH PARTY WOULD HAVE HAD A RIGHT TO LITIGATE ACTIONS THROUGH A JURY TRIAL; AND (B) THIS WAIVER IS A SUBSTANTIVE PROVISION BARGAINED BY YOU AND US AS CONSIDERATION FOR ENTERING INTO THESE TERMS.

16.5 Arbitration. If any Dispute is to be resolved by arbitration in accordance with Section 16.3 above, the terms of this Section 16.5 will apply.

(a) No Lawsuit. No member of Our Group or Your Group will submit the applicable Dispute to any court of law. Our Group and Your Group hereby forfeit their right to file and litigate a lawsuit in a court of law relating to such Dispute. You understand that, in the absence of this Section 16.5, you would have had a right to litigate disputes through a court, including the right, if any and subject to the rules of your jurisdiction, to litigate claims on a class-wide or class-action basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH MEMBER OF YOUR GROUP AND OUR GROUP HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THOSE RIGHTS AND ALL RIGHT TO TRIAL BY JURY IN CONNECTION WITH SUCH DISPUTE. EACH SUCH MEMBER AGREES TO RESOLVE SUCH DISPUTE SOLELY THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION 16.5. NO PART OF THE ARBITRATION WILL BE CONSOLIDATED WITH ANY OTHER ARBITRATION OR CONDUCTED ON A CLASS-WIDE OR CLASS ACTION BASIS. YOU AGREE AND ACKNOWLEDGE THAT SUCH WAIVER IS A SUBSTANTIVE PROVISION BARGAINED BY YOU AND US AS CONSIDERATION FOR ENTERING INTO THESE TERMS. This arbitration provision will be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq.

(b) American Arbitration Association. The parties (you and us) may each provide one another with written notice of any intention to initiate arbitration with respect to any Dispute that is subject to arbitration in accordance with Section 16.5(a) above. If you do not amicably resolve or settle such Dispute with us in writing within thirty (30) days after such notice, the notifying party will have the right to submit such Dispute to the American Arbitration Association (“AAA”) for binding resolution. Any such Dispute will be resolved exclusively and finally by the AAA. You and us will agree upon another arbitration forum if AAA ceases all of its operations. The arbitration will be conducted before a single arbitrator and will be limited solely to the applicable Dispute between you and us.

(c) Election of Arbitrator. The parties (you and us) will confer after service of written notice of arbitration to select a single, agreed-upon arbitrator to arbitrate the applicable Dispute. If you are unable to agree with us upon an arbitrator within thirty (30) days after the date of such notice, the AAA will assign an arbitrator. Any decision or award rendered in such arbitration proceeding will be final and binding on Our Group and Your Group, and judgment may be entered thereon only in the State or Federal courts in New York County of New York.

(d) Substantive Law; Limitations on Award; Place; Language. In the arbitration, the arbitrator will apply the laws of the State of New York, excluding its conflict of law principles. The arbitrator will not have the right to award treble damages, punitive damages or attorneys’ fees to the prevailing party. The location of the arbitration will be in New York County of New York, and the arbitration will be conducted in the English language. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the applicable Dispute.

(e) AAA Contact Information. Information may be obtained from the AAA online at www.adr.org or by calling the phone number or writing to the address specified at such website.

17. Judicial Modification

If any court deems, in accordance with Section 16.4 above, any provision of these Terms unenforceable because of its scope in terms of limitation, disclaimer, area, time, business activities, ownership or other matters, such court will have the power to modify such provision, through reductions or limitations thereon or to delete specific words or phrases. In its reduced form, such provision will then be enforceable and will be enforced under applicable law.

18. English Language

This Agreement will be interpreted and construed exclusively in the English language. All notices and correspondence related to this Agreement will be written in the English language.

19. Contact Information

You may contact us regarding these Terms through our contact page or by writing or emailing us at the following address:

MEDS
Legal Department
1104 2nd Ave, New York, NY 10022
Email Address: info@medsrx.com

20. Updates of these Terms

As noted above, we may update these Terms from time to time. The date provided at the beginning of these Terms is the latest revision date of these Terms. To request a prior version of these Terms, please contact us.